Ordinance authorizing the exchange of

CITY OF BORDENTOWN
ORDINANCE 2013-15
ORDINANCE AUTHORIZING THE EXCHANGE OF

PROPERTY WITH OCEAN SPRAY CRANBERRIES, INC.
WHEREAS, N.J.S.A. 40A:12-16 in the Local Lands and Buildings Law authorizes municipalities to exchange lands with private property owners to facilitate a public benefit; and
WHEREAS, Ocean Spray Cranberries, Inc. (“Ocean Spray”) owns property in the City of Bordentown that is shown and designated by the City’s Tax Maps as Block 1601, Lot 2 which is traversed by Thorton Creek which runs in an east-west direction; and
WHEREAS, Ocean Spray’s warehouse and distribution operations are located to the northeast of Thorton Creek and Ocean Spray has allowed the City of Bordentown to use the property to the southwest of Thorton Creek for public use and recreational purposes; and
WHEREAS, a ball field is located on the portion of Block 1601, Lot 2 to the southwest of Thorton Creek which has access to Spring Street and the property is commonly known as “Spring Street Park”; and
WHEREAS, the City of Bordentown owns a 0.34-acre unimproved parcel fronting on Park Street which is shown and designated on the City’s Tax Map as Block 1702, Lot 2 which is contiguous to Ocean Spray’s landholdings fronting on Park Street to the west of the rail line that traverses Ocean Spray’s landholdings in the City; and
WHEREAS, Ocean Spray has announced its intent to close its fruit juice production operations in Bordentown City and relocate its operations to a new facility that is under construction in Pennsylvania’s Lehigh Valley; and
WHEREAS, upon subdivision approval of Block 1601, Lot 2 to separate the Spring Street Park parcel to the southwest of Thorton Creek from Ocean Spray’s warehouse and distribution facilities located on the portion of the lot to the northeast of Thorton Creek, Ocean Spray has agreed to dedicate, deed and convey the Spring Street Park parcel to the City to allow for the continued recreational use of the property by the public in exchange for the City exchanging, conveying and deeding the City’s property on Park Street that is designated on the City’s Tax Map as Block 1702, Lot 2 to Ocean Spray so that Ocean Spray may increase the acreage of its landholdings fronting on Park Street to the west of the rail line; and
WHEREAS, the Board of Commissioners of the City of Bordentown find and determine that it is in the best interest of the City and its residents to proceed with the foregoing exchange of lands.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of Bordentown as follows:
SECTION I.
Upon the subdivision of Block 1601, Lot 2 owned by Ocean Spray to separate the Spring Street Park parcel to the southwest of Thorton Creek from Ocean Spray’s warehouse and distribution facilities to the northeast of the Creek, and Ocean Spray’s dedication, conveyance and deed of the Spring Street Park parcel to the City, the City agrees to exchange, deed and convey to Ocean Spray Block 1702, Lot 2 fronting on Park Street so that Ocean Spray may expand the acreage of its land fronting on Park Street situate to the west of the rail line that traverses its landholdings.
The Mayor and City Clerk, as may be necessary, are hereby authorized to execute the conveyancing Deed for Block 1702, Lot 2 to Ocean Spray and any related and ancillary documents necessary to effectuate the land exchange hereinabove described.
SECTION II.
If any section, paragraph, subsection, clause or provision of this Ordinance shall be adjudged by a Court of competent jurisdiction to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudged and the remainder of this Ordinance shall be deemed valid and effective.
SECTION III.
This Ordinance shall take effect immediately upon final passage and publication according to law.
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First Reading: August 26, 2013
Adopted: September 9, 2013